Interstate gun transfer

[Junpei]

Hello calgun ppl,

Nice to mee you, my name is JP. This is my first time posting here.

I live in Sacramento and I recently took my first firearm class and learned to shoot. It was very exciting and I am seriously considering purchasing a gun.

It appears that the guns we can get in CA is heavily limited, but luckily my family happen to live in WA. I was told that they can purchase off roaster gun and gift it to me.

I was hoping if someone can help me understand the costs associated with an interstate transfer such as this.

My guess is that there is also a demand for off roaster gun and I was wondering if it is smart to get in to small business transferring and selling off roaster guns. What kind of costs would incur in a situation like this? I hope I am not suggesting anything illegal....

Thank you,
JP

[9mmContagion]

I’ve heard those guns fresh off the roaster are pretty hot!!

[Bigtwin]

Well Common Sense should tell you what you're suggesting in your last paragraph is illegal!

[Junpei]

Thanks guys. I think I'll just stick to one transfer at most then.

I've seen off roaster guns for sale on the forums here, isn't that a bit shady too then?

[billped]

One more "roaster" reference and I'm calling my first grade teacher, Mr. Peanut.

[Junpei]

Now that I think about it, I was told that CA gun law has no "common sense" haha.

[RookieShooter]

It's an off roster, not roaster.

[Junpei]

Ohhh lol. Oops.

[edgerly779]

Only parents or your children or grandparents can gift to you must go thru ffl here.

[Junpei]

Now I get all the roaster jokes on this thread. I thought calgun netizen had bad humor. Alas, it was just me haha.

[Quiet]

Hello calgun ppl,

Nice to mee you, my name is JP. This is my first time posting here.

I live in Sacramento and I recently took my first firearm class and learned to shoot. It was very exciting and I am seriously considering purchasing a gun.

It appears that the guns we can get in CA is heavily limited, but luckily my family happen to live in WA. I was told that they can purchase off roaster gun and gift it to me.

I was hoping if someone can help me understand the costs associated with an interstate transfer such as this.

My guess is that there is also a demand for off roaster gun and I was wondering if it is smart to get in to small business transferring and selling off roaster guns. What kind of costs would incur in a situation like this? I hope I am not suggesting anything illegal....

Thank you,
JP

An immediate family member can legally gift you a firearm.
If the firearm is a handgun, then it is exempt from needing to be listed on the Roster of Handguns Certified for Sale. [PC 32110(b)]

The firearm needs to be CA legal (can not be considered an assault weapon, SBR, SBS, etc) and it can not include any large capacity magazines.

In order for it to be considered a gift, your immediate family member needs to use their own money to acquire the firearm and you can not pay/reimburse them for it.
In addition, if the intent is to resell the firearm once it is in CA, then it's not considered a gift and everyone involved with the transfer will be committing Federal felonies.

Immediate family member is limited to a grandparent, parent, child, or grandchild relationship.
^It does not include siblings, aunts/uncles, cousins, neices/nephews, and step-relations.

Because the transfer will be between residents of different States, the transfer must be done through a CA FFL dealer.

Required steps for an out-of-state intra-familial gift transfer:
1. The CA resident giftee must find a CA FFL dealer that knows about and is willing to facilitate an out-of-state intra-familial gift transfer.
2. The out-of-state immediate family member gifter delivers the firearm with a copy of your valid State DL/ID and a gift letter (stating relationships and the fact that the firearm is a gift) to that CA FFL dealer. {gifter pays for firearm and pays for deliver of firearm to the CA FFL dealer}
3. Once the firearm arrives at the CA FFL dealer, that CA FFL dealer transfers (4473/DROS/10 day wait/1 in 30 day wait) it to the CA resident giftee (needs valid CA DL/ID, proof of CA residency, valid FSC or exemption to FSC). {giftee pays DROS fee and transfer fee (can legally be any amount)}

[Chewy65]

Like Quiet pretty much said with a twist. It is not clear that an interstate intrafamiliar transfer must be a gift. What is clear is that should the a 4473 be completed as part of the gun purchase than federal law has been violated if the buyer is getting the firearm for another and it is not a gift. This is what is called a straw purchase. [This would apply to off roster guns as well.]

For instance, say your Father buys an off roster Sig for himself at a FFL in his home state of WA. After buying it he discovers that he would much rather have a Wilson Combat than what he just bought but he can't afford to get the Wilson until he sells the Sig. I don't know why he cannot sell it to you since he was the ultimate buyer at the time he got it from the dealer. That addresses the original purchase transaction.

As for importing the gun there is no roster problem since the transaction is exempt. Now most opine that you need a gift letter, but take a look at the language of the Penal Code 27875:

(a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(1) The transfer is infrequent, as defined in Section 16730.
(2) The transfer is between members of the same immediate family.
(3) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
(4) Until January 1, 2015, the person taking title to the firearm shall first obtain a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5) The person receiving the firearm is 18 years of age or older.

Some good persons recommend using a gift letter, because FFL's have been known to accept those letters but there isn't much history as to what "or other means" means. Talk with your personal attorney about that and whether or not you can buy a gun from a qualified family member and bring it into CA under the interstate intrafamiliar exception. Also ask them if you are opening yourself up to criminal charges for perjury and/or tax evasion if you claim it as a gift when you actually bought it from your Father. [The CA FFL collects a sales/use tax on firearms purchased out of state, but does not collect any on a gift.]

[billped]

Now I get all the roaster jokes on this thread. I thought calgun netizen had bad humor. Alas, it was just me haha.

No, you were correct, we have bad humor. I was grinning because the usual mistake is to call it the "rooster", resulting in far worse humor.

Welcome to the board!

[Junpei]

Thank you kind sirs! You are all too heartwarming

[Coolguy101]

Thank you kind sirs! You are all too heartwarming

Please stop using google translate or whichever translating app that you are using. Its just annoying.